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HELP Witness Statement - Impending Court Date, Help with making witness statement more robust please
Deedee27
post Thu, 20 Dec 2018 - 10:56
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Hello
I am hoping it is not too late for this forum to help me as I am in a bit of a mess with my case. I am aware that this is a long post but I want to give as much information as possible in order to get all the help I can.

Background
My car broke down and was towed to a road near my mechanics (30th Jan 2017). Whilst it was there I eventually decided to have it scrapped as not worth fixing. Some weeks late I received at formal demand letter from UKCPM dated 6th April 2017 that I had received a ticket 4th March 2017. Unfortunately for me I had trusteed my mechanic to get the car scrapped. I called him and he directed me to the scrapping company who had no record of the car being scrapped. Eventually I called DVLA who said I was still the registered keeper. Subsequently I wrote to DVAL that I was no longer the registered keeper and do not have access to the car. They took my name off the car and needless to say I no longer use that mechanic.

I was then introduced to a company by a friend who help to fight parking tickets. They have been helping with communicating with UKCPM, have written my defence and I now at the stage of putting in my witness statement. It was at the point of the defence being written that I stumbled across MSE and Pepipoo. Had I known beforehand that they existed I would have used the advice here rather than the company. But all that is now water under the bridge. I am hoping this community can help me with my witness (already written by the company but I believe could use a second eye to make it more robust).

My court date is 11 Jan 2018 at 10am. I have to get my witness statement in by Thursday 27th December latest.

My defence was as follows:
I denied that
• a contract was formed,
• there was an agreement to pay a parking charge,
• there were terms and conditions prominently displayed around the site,
• there was an agreement to pay additional unspecified sums,
• the claimant adhered to schedule 4 of the protections of freedoms act 2012,
• the claimant complied with IPC and BPA code of practice, the I owe any debt

I have received back the witness statement sent by Gladstone Solicitors which is quite long and daunting, with pictures of my car (no signs nearby in their own picture), a lone picture of a parking sign surrounded by leaves and bushes (which is not and has never been on this road. The only signs they have up is on the opposite side of the road that I parked on and is a mostly faded no parking sign, also not present in the picture they took of my car and are presenting as evidence). They also have a map of the area and dots of alleged places where parking signs were (again not factual, I have even recently returned to the site and these so called signs are not there. Also if the signs were where they alleged them to be it would be visible in the picture they took of my car)

I want to include as evidence in my witness statement pictures of the area that I have taken showing the signs that are faded and on the opposite side of the road which I parked. Even google maps doesn’t have this so called sign that they are putting in as evidence. The company I am using is advising against it stating that it is the claimants’ job to prove those signs were there not mine. But I am trying to prove their lies. What is the advice here? Include my own pictures (which are taken a year late unfortunately, there is dated) or leave my pictures out and just try to combat it at the court as the sign is nowhere near my car in their own picture?

I will post my witness statement in a second post as I am very aware this post is getting long

I will be eternally grateful for any help or advice that can be offered

Thank you in advance
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henrik777
post Fri, 25 Jan 2019 - 15:21
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QUOTE (Deedee27 @ Fri, 11 Jan 2019 - 09:51) *
Thanks all

Here now

The claimant just came to talk to me, all "nice"

She says she's going to have issue with my submitted IPC Code of Practice as it is out of date. I did not know this

I just checked and the updated code of practice still says the same thing regarding signs as the old one. Can I mention that
Also the Code of Practice I used was valid at the time they issued the penalty so it is feasible to hold them to account for what they should have been following at the time

She also says that she's going to ask for cost because the new IPC states they can

Asked if I wanted to settle I said no



Still time to pay before it remains on your file. Hearing on 11/1/19
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post Fri, 25 Jan 2019 - 15:21
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Deedee27
post Fri, 25 Jan 2019 - 19:18
Post #102


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Posts: 44
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QUOTE (southpaw82 @ Fri, 25 Jan 2019 - 12:09) *
What was the date of the judgment? Any CCJ won’t be recorded on the register until ~a month later.


Date of judgment is 11th of January.

Due to be paid 25th of January

QUOTE (nosferatu1001 @ Fri, 25 Jan 2019 - 07:57) *
You knew how much the CCJ was, so you should have paid it already
You need to call the courtPost was the worst option possible. You could have called and paid over the phone, had it done today, and then you can call the court to say it was paid. I would suggest you call them, and ASK THEM about the fact you only just got the Order from the court, you paid yesterday via the instructions, whcih was by post, and you want to make sure the CCJ will be removed - can they confirm this? Explain what you told us - you waited for teh Order, that came very late, etc.

If you dont do this you have a very good chance the CCJ will remain for 6 years, albeit showing as "satisfied", and you will be screwed for credit.


I would have paid it but I received no instructions on how to do that till yesterday which then gave me 1day to post payment. And posting Was The only option on the letter

Payment has been posted. My worry is they won't get it on time and they will say it was paid late. I will call the court like suggested

Thanks

QUOTE (henrik777 @ Fri, 25 Jan 2019 - 15:21) *
QUOTE (Deedee27 @ Fri, 11 Jan 2019 - 09:51) *
Thanks all

Here now

The claimant just came to talk to me, all "nice"

She says she's going to have issue with my submitted IPC Code of Practice as it is out of date. I did not know this

I just checked and the updated code of practice still says the same thing regarding signs as the old one. Can I mention that
Also the Code of Practice I used was valid at the time they issued the penalty so it is feasible to hold them to account for what they should have been following at the time

She also says that she's going to ask for cost because the new IPC states they can

Asked if I wanted to settle I said no



Still time to pay before it remains on your file. Hearing on 11/1/19


Thanks

I've sent payment
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